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The petitioner cannot claim an appointment on compassionate grounds as a matter of right: Allahabad High Court | The family of the petitioners has survived for more than 15 years without such an appointment. The mother of the petitioner was entitled to claim the compassionate appointment which she did not pursue, and surrendered her claim after nine years of submission of her application with a request for the appointment of her ... | RESERVED ON 26.07.2021 DELIVERED ON: 21.10.2021 Case : WRIT A No. 50621 Petitioner : Sachin Yadav Respondent : State Of U.P. And 3 Others Counsel for Petitioner : Kailash Singh Kushwaha Sanjay Kumar Singh Counsel for Respondent : C.S.C. Sanjay Kumar Srivastava Hon ble Saral Srivastava J Heard Sri Kailash Singh Kushwah... |
The petitioner repeatedly filing representation is not valid grounds for extension in time to file writ petition after unreasonable delay: High Court of Delhi | Rights cannot be enforced after an unreasonably long delay has taken place and merely having filed repeated representation would not serve as grounds to extend the time period to file the writ petition, this was held by a two member bench of the High Court of Delhi consisting of Justice Manmohan and Justice Navin Chawl... | IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) 8457 2021 & CM APPL. 26191 2021 MRS BIRMATI WD OF LATE CT DVR JAGBIR SINGH Petitioner Through: Mr. Rajesh Nandal Advocate. UNION OF INDIA & ANR. Through: Mr. Shashank Bajpai with Respondents Mrs. Shakun Sudha Shukla and Mr. Dhananjay Tewari Advocates for Date of Decision:... |
Court grants permission to withdraw IPR matter, in pursuance of settlement between the parties: Delhi High Court | Delhi High Court in the recent matter grants the permission to withdraw IPR matter, by the virtue of settlement between the parties. The above was observed in the recent matter of Amit Talwar & Ors. v. Vivek Talwar [CS (COMM) 330/2019]. The proceeding of the said case was presided by a single judge bench, consistin... | IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 09.09.2021 CS(COMM) 330 2019 AMIT TALWAR AND ORS. ..... Plaintiffs Through: Mrs.Bindra Rana Ms.Priya Adlakha Ms.Tanvi Bhatnagar Advs. VIVEK TALWAR AND ORS. ..... Defendants Through: Mr.Mayank Rustagi Adv. for Defendant Nos.1 & 2. HON BLE MR. JUSTICE SURESH KUMAR... |
Affidavit filed by the advocate’s clerk will not be accepted: High Court of Orissa | Affidavit refers to a written document from a person regarding the facts of the case which he swears it true. The affidavit along with witness statements are used to ascertain the truth in most cases. This document is ideally signed by the petitioner himself and allowing an outsider like the advocate’s clerk to sign th... | Thabir Sagar vs State Of Odisha on 18 June 2021 Orissa High Court Thabir Sagar vs State Of Odisha on 18 June 2021 HIGH COURT OF ORISSA CUTTACK BLAPL No.7421 it is in flagrant violation of rule of law to execute an affidavit without having any knowledge of the averments made therein. Courts rely heavily on affidavits an... |
Disputes under the Transfer of Property Act are Arbitrable: Supreme Court of India | Disputes that arise between landlord and tenant under Transfer of Property Act, 1882, are Arbitrable and the ones that arise under the Rent Act are not. This ratio was laid down by the Supreme Court of India presided over J. A.S. Bopanna in the case of Suresh Shah Vs. Hipad Technology India Private Limited, [Arbitratio... | The petitioner has instituted this petition under ‘Act 1996’ for short) seeking appointment of a Sole Arbitrator for resolving the disputes that have arisen The property bearing No.154B Block ‘A’ Sector 63 PhaseIII NOIDA Gautam Budh Nagar U.P. having been initially allotted and leased by New Okhla Industrial Developm... |
Municipal Council, Ratlam vs Shri Vardhichand & Ors | Background For leading a quality life a clean and a healthy environment is indispensable. A person will remain healthy only if he is provided with fresh air to breathe, clean water to drink and other basic requirements. So in order to live a dignified and healthy life it is important for a person to be surrounded by a ... | Municipal Council Ratlam vs Shri Vardhichand & Ors on 29 July 1980 Supreme Court of India Municipal Council Ratlam vs Shri Vardhichand & Ors on 29 July 1980 Equivalent citations: 1980 AIR 1622 1981 SCR97 Author: V Krishnaiyer Bench: Krishnaiyer V.R PETITIONER MUNICIPAL COUNCIL RATLAM Vs SHRI VARDHICHAND & ORS DATE OF J... |
Filing of FIR after the raid cannot be said to be error in procedure – Karnataka High Court | In the case of Tasleem N.P Vs State of Karnataka [CRL.P. No. 3073/2020] Karnataka High Court held that on receiving a secret information the priority of the police is to arrest the accused and not file FIR. All the petitioners have been implicated in Cr.No. 110/2020 in relation to offences punishable under sections 8(c... | 1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 01ST DAY OF OCTOBER 2020 THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR CRIMINAL PETITION No.3073 OF 2020 CRIMINAL PETITION No. 3213 OF 2020 CRIMINAL PETITION No.3383 OF 2020 IN CRL.P. No. 3073 2020 Tasleem N.P @ Muhammed Thaslim N P S o Hameed K M Aged abou... |
Leave Petition was granted to the offender charged under Sec 279 & 338 of IPC: Supreme Court | Sec 279 & 338 deal with punishment to whoever drives any vehicle, or rides, on any public way in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any other person. A single-judge bench comprising of Justice Ashok Bhusan adjudicating in the matter of Surendran v. Su... | IN THE CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 536 OF 2021 Special Leave PetitionNo.59816 ...APPELLANT(S SUB INSPECTOR OF POLICE ...RESPONDENT(S JUDGMENT ASHOK BHUSHAN J This appeal has been filed against the judgment of the High Court dated 01.09.2015 dismissing the Criminal Revision filed by the appellant... |
Mere allegation of love affair won’t serve as a ground for acquittal: High Court Chhattisgarh | Mere allegation of love affair without supporting evidence where no person has seen the lady in a compromising position, won’t serve as a ground for acquittal to the perpetrator. A single-judge bench comprising of Justice Arvind Singh Chandel adjudicating in the matter of Mukku @ Mukesh Yadav vs. The State of Chhattisg... | HIGH COURT OF CHHATTISGARH BILASPUR CRA No. 8113 • Mukku @ Mukesh Yadav S o Shankar Lal Yadav Aged About 29 Years R o Lodhipara Sarkanda Near Gate of Agriculture Form P.S. Sarkanda Tah.Civil And Rev. Distt. Bilaspur C.G • State of Chhattisgarh Through Police Station A.J.K. Bilaspur C.G Appellant Respondent Shri Ravindr... |
Transfer directed by SC under S. 406 of Code of Criminal Procedure when expedient for ends of justice: Supreme Court | In a transfer petition of a criminal case, the parties filed the same under section 406 of the Code of Criminal Procedure before the Supreme Court. While deciding the same, the court held that such a petition can be directed under section 406 of the Code only when it is expedient for the ends of justice. This judgment... | REPORTABLE IN THE CRIMINAL ORIGINAL JURISDICTION TRANSFER PETITIONNO. 17 OF 2021 ..PETITIONER M S SABU TRADE PRIVATE LIMITED JUDGMENT ANIRUDDHA BOSE J The present proceeding arises out of a case instituted by the respondents Sabu Trade Private Limited invoking jurisdiction of the Court of Judicial Magistrate No. IV Sa... |
If there is an alternate remedy the High Court should not ordinarily interfere. : Jharkhand High Court | It is true that alternative remedy is not an absolute bar to a writ petition, but it is equally well settled that if there is an alternative remedy the High Court should not ordinarily interfere, it was referred by Justice Sanjay Kumar Dwivedi of the Jharkhand High Court in the matter of Agha Sahnawaz vs The State Of J... | Agha Sahnawaz vs The State Of Jharkhand on 8 April 2021 Jharkhand High Court Agha Sahnawaz vs The State Of Jharkhand on 8 April 2021 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.No. 021 Agha Sahnawaz son of late Hazi Abdul Hasib aged about 61 years resident of Near Argora Railway Station P.S. Kadru P.O. Doranda Distric... |
Accused has a choice to either furnish surety or give fixed deposit in case of bail: Himachal Pradesh High Court | Courts can impose restrictive conditions upon grant of bail subject to the evidence produced. The High Court bench consisting of J. Anoop Chitkara laid down strict conditions upon the petitioner seeking grant of bail in the case of Dinesh Kumar v. State of Himachal Pradesh [Cr. MP(M) No. 67 of 2021]. The petitioner cam... | Hig h C o urt of H.P on 27 01 HCHP 1 IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLACr.MP(M) No. 621Reserved on: 19th January 2021.Date of Decision: 20th January 2021.Dinesh Kumar ...Petitioner.VersusState of H.P. ...Respondent.Coram:The Hon’ble Mr. Justice Anoop Chitkara Vacation Judge.Whether approved for reporting 1 N... |
When party seeks remedies that are ordinarily available in law before appropriate forum, it will be handled in accordance with applicable laws in timely manner: Patna High Court | When a party seeks remedies that are ordinarily available in law before appropriate forum, the matter will be handled in accordance with the applicable laws that are available in a timely manner is upheld by the High Court of Patna through the learned bench led by HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE... | IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.156421 M s Intelligence Security Force Bodh Gaya through its Proprietor Lakshmeshwar Thakur aged about 57 yearsS o Suryadeo Thakur R o Village Mastipur Post and P.S. Bodh Gaya District Gaya The State of Bihar through the Principal Secretary Depart... |
Personal liberty of a person cannot be curtailed for the purpose of assuring the arrest of the accused: High Court of Himachal Pradesh | A person who is not involved in an offence and has no antecedents to the offence committed, but has provided shelter to the accused and not brought him before the police, cannot be treated the same as the main accused and the liberty of such a person cannot be curtailed for the purpose of arresting the main accused. Th... | Hig h C o urt of H.P on 07 07 CIS IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA Cr.M.P.No. 9421 Reserved on: 26.6.2021 Date of decision: 7.7.2021 Raj Kumar. …Petitioner. Versus State of Himachal Pradesh. …Respondent. Coram The Hon’ble Mr. Justice Vivek Singh Thakur Judge. Whether approved for reporting 1 For the Petiti... |
The Tenders were rejected as they did not strictly satisfy the terms and conditions prescribed: High court of Rajasthan. | Tendering usually refers to the process whereby government and financial institutions invite bids for large projects that must be submitted within a finite deadline or it is an invitation to bid for a project or accept a formal offer such as a takeover bid. Here The appeal made by the appellants were dismissed by the c... | on 01 07 2021 at 02:36:14 PM ) Pvt. Ltd. Having Its RegisteredOffice At K 60 M.I.D.C. Industrial Area Hingna Road Nagpur Maharashtra 440016 Through Its AuthorizedRepresentative Ashok Kumar Sharma S o Shri Tulsi RamSharma Aged About 30 Years2.Abhijeet Gan S o Vinayak Gan Aged About 37 Years Resident Of 19 Friends Colon... |
Undermining dignity and reputation to protect matrimonial rights cannot be justified: Supreme Court of India | In cases of dissolution of marriage at the instance of a spouse who allege mental cruelty, the result of such mental cruelty must be such that it is not possible to continue with the matrimonial relationship. This was held in the case of Joydeep Majundhar v. Bharti Jaiswal Majundhar, [Civil Appeal Nos. 3786-3787 OF 202... | IN THE CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 3786 3787 OF 2020 BHARTI JAISWAL MAJUMDAR JUDGMENT Hrishikesh Roy J Heard Mr. Gopal Sankaranarayanan the learned Senior Counsel appearing for the appellantNo. 1366 2011 before this Court. The appellant appeared before the Supreme Court and stated that the case at Vi... |
Mere examination of the appellant herein cannot be considered as a change in circumstance: Supreme Court | The High Court merely classifying the appellant as the principal star witness and referring to her statement is of no consequence since the entire evidence will have to be assessed by the Sessions Court before concluding. A three-judge bench comprising of The Chief Justice N V Ramana, Justice A.S. Bopanna, Justice... | 2. The instant appeal is assailing the order dated Fourth Bail Application No.13680 2020. The appellant of the husband of the appellant the appellant is aggrieved by the order impugned whereunder the 2017 dated 17.05.2017 registered in the Police Station Karni Vihar for the offence under Sections 302 452 and the appell... |
Court can interfere with the findings based upon inadmissible evidence: High Court of Uttarakhand | The factual findings which have been arrived at by the court upon taking into consideration the inadmissible evidence can be interfered with by the Court. Such a case where inadmissible evidence has been allowed falls in the third category under Section 25 of the Provincial Small Cause 25 Courts Act, 1887 and the findi... | Reserved Judgment IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Civil Revision No.19 Har Mohinder Pal Singh S o Late Sardar Inder Singh R o 28 Malviya Road Lakshman Chowk Vs. Rajendra Pal Singh S o Late Sardar Bachan Singh R o Malviya Road Lakshman Chowk Dehradun …. Revisionist .... Respondent Mr. Pooran Singh Rawat Adv... |
“Offender uses any deadly weapon” under section 397 of Indian Penal Code also includes mere exhibition or brandishing of the weapon : Supreme Court | As per section 397 of Indian Penal Code that deals with use of any armed weapon during a robbery does not mean that the accused has to literally use the weapon in the sense he should actually fire or stab to be convicted under that section, this was decided by Chief Justice N.V. Ramana, Justice A.S. Bopanna and Hima Ko... | The appellant is before this Court in this appeal High Court of Madhya Pradesh in Criminal Appeal No.691 2013 titled Ram Ratan vs. State of Madhya High Court along with the companion appeal the consideration herein is limited to the case against the appellant being aggrieved by the judgment dated 31.07.2013 passed by t... |
Minor girl who eloped voluntarily is not termed ‘kidnapping’ under Section 363 IPC: High Court of Calcutta | If a minor girl has voluntarily gone with another person and was not induced but was engaged in a romantic relationship with him, it will not fall under section 363 IPC for offence of kidnapping. This was decided in the case of Sk.Sajid @ Sk.Sagir @ Pancha Vs. State of West Bengal [C.R.A./718/2014] by Hon’ble Judge Bib... | IN THE HIGH COURT AT CALCUTTA Criminal Appellate Jurisdiction The Hon’ble Mr. Justice Bibek Chaudhuri Sk.Sajid @ Sk.Sagir @ Pancha State of West Bengal For the appellant : Mr. Kusal Kumar Mukherjee Adv For the State : Mr. Arijit Ganguly Adv Mr. Avik Ghatak Adv Heard on : 15.01.2021 27.01.2021 & Judgment on : 04.03.2021... |
Commissioner of Customs & Central Excise Versus M/s Hongo India (P) Ltd. & Anr. | “Legislative intent must be respected”
When S.L.P (c) No. 14467 of 2007 came up for hearing on 4.12.2008, a two-Judge Bench, after noticing the decision in Commissioner of Customs, Central Excise, Noida vs. Punjab Fibres Ltd. Noida (2008) 3 SCC 73, expressed doubt about the said judgment with regard to the jurisdicti... | IN THE CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. OF 2009 Arising out of S.L.P.No. 144607 Commissioner of Customs .... Appellant(s M s Hongo IndiaLtd. & Anr .... Respondent(s CIVIL APPEAL NO. 2009 Arising out of S.L.P.No.189907 CIVIL APPEAL NO. 2009 Arising out of S.L.P.No.207007 JUDGMENT P. Sathasivam J In all the... |
State of Rajasthan vs. Firoz Khan @ Arif Khan | That it is also true that an appeal can be registered and heard on merits by the High Court only after the High Court grants leave by allowing the application filed under sub-section (3) of Section 378 of the Code [Case Brief] State of Rajasthan vs. Firoz Khan @ Arif Khan Case name: State of Rajasthan vs. Firoz Khan @ ... | IN THE CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 750 OF 2006 State of Rajasthan Firoz Khan @ Arif Khan JUDGMENT Abhay Manohar Sapre J This appeal is filed by the State of Rajasthan against the final judgment and order dated 28.10.2005 passed by the High Court of Judicature for Rajasthan at Jodhpur in D.B. Cri... |
Legal action against respondent for their breach of contract and cheating, Bihar Protection of Depositors’ Interests (In Financial Establishment) Act, 2002: Patna High Court | Appropriate legal action against respondent for their breach of contract and cheating is available under the Bihar Protection of Depositors’ Interests (In Financial Establishment) Act, 2002, and the corresponding Rule of 2004 and the problem of limitation will not prevent the matter from being decided on its merits is ... | IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.101121 Shree Nath Pathak Son of Late Sidhnath Pathak resident of 187 M.I.G House Hanuman Nagar P.S. Patrakar Nagar District Patna Smt. Usha Pathak wife of Shree Nath Pathak resident of 187 M.I.G House Hanuman Nagar P.S. Patrakar Nagar District Pat... |
Authority concerned shall initiate encroachment proceedings and decide the encroachment case to its logical conclusion: Patna High Court | Authority shall initiate encroachment proceedings against encroachers and decide the encroachment case to its logical conclusion within a short period of time by removing the encroachment made by encroachers over the land is upheld by the High Court of Patna through the learned bench led by HONOURABLE THE CHIEF JUSTICE... | IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.22 Shyam Kishor Son of Munsi Singh Resident of Village Hawanpura P.O. Bhendari P.S. and Circle Rahui District Nalanda ... Petitioner s The State of Bihar through Principal Secretary Revenue and Land Reforms Bihar Patna The District Magistrate cum ... |
Person belonging to SC-ST category in a particular state cannot claim benefits in other states after migrating to them : Supreme Court | The quota benefits that are given to SC-ST persons are available to that person in that state only, the person cannot exercise those benefits in some other states as this goes against the basic object of enacting this provision and in the present case this provision existed under section 42 of Rajasthan Tenancy Act 195... | 2022 LIVELAW10 Feeling aggrieved and dissatisfied with the impugned judgment and order dated 07.04.2011 passed by Division Bench of High Court has allowed the said Appeal 2022 LIVELAW10 preferred by the respondent herein original plaintiff the village Dharamsinghwala Tehsil Sadulshahar District Sri Ganganagar Rajasthan... |
A wife has the right to live at her husband’s co-owned property: High Court of Delhi | Right of residence under the DV Act is exclusive to and isolated from any right that may arise under Section 9 of the Hindu Marriage Act, 1955. A co-owned house by the husband provides the necessary protection to a wife to live at the house entitling her to claim a right to residence in a shared household, which would ... | IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on : Pronounced on: 19th January 2022 8th March 2022 CRL.M.C. 5188 2013 CRL.M.A. 18680 2013 CRL.M.A. 2588 2014 CRL.M.A. 13863 2015 CRL.M.A. 13028 2016 CRL.M.A. 14219 2016 CRL.M.A. 15076 2016 CRLM.A. 3921 2018 CRL.M.A. 31742 2019 CRL.M.A. 10828 2021 & CRL.M.A. 15072 2021... |
There is no ban against granting of bail by the Court to persons accused of an offence punishable with death or imprisonment of life: High Court of Delhi | Section 439(1) of Cr.P.C. confers special powers on the High Court or the Court of Session in respect of bail. There is no ban imposed under Section 439(1), Cr.P.C. against granting of bail by the High Court or the Court of Session to persons accused of an offence punishable with death or imprisonment of life and the s... | IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 01st FEBRUARY 2022 IN THE MATTER OF: BAIL APPLN. 2312 2021 SHRI ARUN KUMAR @ ARUN KUMAR MALIK ..... Petitioner Through Mr. Ashwin Vaish Advocate Respondent Through Mr. Amit Prasad SPP for the State with Mr. Ayodhya Prasad Advocate and SI Santosh Gupta Crime Bran... |
Impairment of credibility for the prosecution side due to non-examination of any independent witness: The High Court of Calcutta | The Delhi High court, in its recent judgment, gave a verdict that non-examination of any independent witness culminated in hampering the credibility on the behalf of prosecution side. In a criminal suit filed under section 374 (2) read with section 383 of Criminal Procedure Code, 1973. The case involved a matter subjec... | IN THE HIGH COURT OF DELHI AT NEW DELHI IN THE MATTER OF: CRL.A. 633 2020 Reserved on: Date of Decision: 06.09.2021 13.08.2021 ..... Appellant Through: Mr. S.S. Ahluwalia Advocate DHCLSC) alongwith Mr. Mohit Bangwal Advocate. THE STATEDELHI Respondent Through: Mr. Sanjeev Sabharwal APP for State with SI Deepak P.S. Muk... |
Denial of cross-examination of witnesses by a party during Record of Evidence does not invoke violation of his natural justice: High Court of Delhi | When an opportunity to cross-examine the witnesses who are produced during the Record of Evidence is provided to a party, however, if he denies to cross-examine those witnesses, then in that case he cannot be heard to complain about violation of principles of natural justice. These were stated by the High Court of Delh... | IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 16th December 2021 Pronounced on: 10th January 2022 CM(M) 37 2019 SUMER SINGH SALKAN Through: Ms. Malavika Rajkotia with Mr. Petitioner Mayank Grover Advocates. VIKRAM SINGH MANN & ORS Through: Dr. Reema Salkan R 2 in person and Respondents Power of Attorney Holder f... |
The principle of construction of statutory Rules would apply to the interpretation of Punjab Police Rules, 1934: Supreme Court of India | “The High Court did not commit any error in construing the Rules in the manner as was construed by the High Court. We endorse the view of the High Court interpreting the Punjab Police Rules, 1934.” This auspicious judgment was passed by the Supreme Court of India in the matter of Suresh Kumar v. State of Haryana & ... | IN THE CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.10721 arising out of SLP(C)No.94920 ...APPELLANT(S THE STATE OF HARYANA & ORS ...RESPONDENT(S CIVIL APPEAL NO.10721 arising out of SLP(C)No.94820 OM PARKASH AND ANOTHER ...APPELLANT(S THE STATE OF HARYANA & ORS ...RESPONDENT(S CIVIL APPEAL NO.10721 arising out of SLP(... |
High Courts with Original Civil Jurisdiction Can Also Execute Foreign Decrees Under Section 44A of CPC: Supreme Court | Courts having original civil jurisdiction, can entertain a petition for executing a money decree (in excess of Rs.20 lakhs) of a foreign Court which is notified as a superior Court of reciprocating territory under Section 44A of the Code of Civil Procedure, held by the Supreme Court of India. A Bench comprising Justice... | The appellant decree holder has challenged the judgment of February 2006(in excess of Rs. 20 lakhs) of a foreign Court the earliest possible without fail keeping in view the reasonable restrictions rights which are available to the judgment debtor 1 General Manager of the Raj Durbhunga v. Coomar Ramaput Sing 14 MIA 605... |
Dependence of the Tribunals for all their requirements on the parent Department will not extricate them from the control of the executive: High Court of Delhi | Judicial independence of the Tribunals can be achieved only when the Tribunals are provided the necessary infrastructure and other facilities without having to lean on the shoulders of the executive. This was held in the case of R Subrmanian v Union of India, [W.P.(C) 2864/2021 & CM APPL. 8636/2021] by Hon’ble Just... | IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) 2864 2021 & CM APPL. 8636 2021 Through: Mr. R. Subramanian Petitioner Date of decision: 4th March 2021 UNION OF INDIA REPRESENTED THROUGH: THE SECRETARY MINISTRY OF CORPORATE AFFAIRS Through: Mr. Chetan Sharma ASG with Mr JUSTICE PRATHIBA M. SINGH Prathiba M. Singhissue a... |
FIR quashed on the grounds of no allegations remained: Supreme Court of India | Supreme Court of India had to quash the FIR filed by the mother of the victim for abducting her daughter because all the allegations were taken back against the accused. The decision was taken by the bench of Hon’ble Justice Hemant Gupta and Justice Ravindra Bhat in the case of Vishwas Bhandari vs. State of Punjab [Cri... | IN THE CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 105 OF 2021 ARISING OUT OF SLPNO. 6289 OF 2020 STATE OF PUNJAB & ANR JUDGMENT The challenge in the present appeal is to an order dated 16.10.2020 passed by the learned Single Bench of the High Court of Punjab and Haryana whereby the petition filed by the appell... |
Revision petition demanding the reduction of punishment to juvenile dismissed to serve the ends of justice – Jharkhand high court | Revision petition demanding the reduction of punishment to juvenile dismissed to serve the ends of justice – Jharkhand high court In a criminal revision petition directed against the Criminal Appeal No. 63 of 2009 the petitioner was found guilty of committing the offenses under Sections 302/34 and 201/34 of the Indian ... | IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Revision No. 5812 Arun Kumar Prajapati son of Sri Shivnath Prajapati resident of Village Budhibir P.O. & P.S. Chainpur District Palamau … … … Petitioner State of Jharkhand … … Opp. Party Versus CORAM: HON BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY For the Petitioner For the Sta... |
“Under S.19(1) of the RTI Act an aggrieved person may prefer the first appeal within thirty days from the receipt of the response from the CPIO of the concerned public authority.”: SEBI, Part 2. | In her application the appellant was seeking the following information: The appellant has filed an appeal on the ground that the access to the information requested was refused. The respondent, in response to query number 1, informed that in IGRP proceedings, complainant is one of the parties to the proceedings, appell... | Appeal No. 43621 BEFORE THE APPELLATE AUTHORITY Under the Right to Information Act 2005) SECURITIES AND EXCHANGE BOARD OF INDIA Appeal No. 43621 Geeta Khattar CPIO SEBI Mumbai The appellant had filed an application dated April 14 2021 under the Right to Information Act 2005 of the RTI Act an aggrieved person may prefer... |
Liquor carrying vehicle to be released only after confiscation proceedings take place: High Court of Patna | When a vehicle has been confiscated for carrying liquor or intoxicating substance unlawfully, it can be released by a court order only after the proceedings have been initiated by the concerned authorities under the State Excise Act. This was decided in the case of Jayendra Mohan v. State of Bihar and Ors [Civil Writ J... | IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.20121 Jayendra Mohan S o Lakshmi Sah R o Fatehpur Wala P.S. Tajpur District The State of Bihar through the Principal Secretary Registration Excise and Prohibition Department Government of Bihar Patna ... Petitioner s The District Magistrate cum Co... |
Applying for bail under section 439 Cr.P.C. is not sufficient: Delhi High Court | The Delhi High Court was posed with the question of whether an application for a bail under Section 439 Cr.P.C. would be sufficient for a court to construe that the accused had availed of his right to be released on bail under the provisions of Section 167(2) of the Cr.P.C. if the condition stipulated therein were met ... | IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Judgment: 06th November 2020 BAIL APPLN. 3141 2020 SUBHASH BAHADUR @ UPENDER Through: Mr. Mohd. Perwez Advocate THE STATEbut his applications for bail were rejected and the petitioner was not informed of his rights Ms Chauhan learned APP countered the aforesaid contention... |
There is a total lethargic and negligence on the part of the State and its departments in not issuing the fresh tender process and in not issuing fresh NIT after 2018: Supreme Court of India | It is very unfortunate that the contract for supply/transportation of rice and other micronutrients under the Development Scheme has been continued by way of an interim arrangement only and without issuing any fresh tenders and the contract has been continued at the old rates of 2017-18, which must have caused tremendo... | IN THE CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 6532 OF 2021 M s B.K. Enterprises …Appellant The State of Manipur and Another JUDGMENT M.R. SHAH J Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the High Court of Manipur at Imphal dated 04.11.2020 in Writ Appeal No. 28 2018 by whi... |
Not a case of replacement of ad hoc by ad hoc, appellants period of contractual engagement ended, hence no illegality in discontinuing their services: Gujarat High Court | The question is as to whether the work exists for which services would be required or not would be a question of fact and can be only decided by leading evidence by the parties. Such disputed question or issue cannot be decided under Article 226 of the Constitution. This was said in the case of Patel Savan Bharatbhai v... | on : Tue Apr 27 21:07:03 IST 2021 C LPA 776 2020 CAV JUDGMENTIN THE HIGH COURT OF GUJARAT AT AHMEDABADR LETTERS PATENT APPEAL NO. 7720In R SPECIAL CIVIL APPLICATION NO. 65220With CIVIL APPLICATIONNO. 20 In R LETTERS PATENT APPEAL NO. 7720With CIVIL APPLICATIONNO. 21 In R LETTERS PATENT APPEAL NO. 7720With R LETTERS PA... |
Contradictions in place of occurrence, identity and evidence does not warrant conviction of accused: High Court of Calcutta | Where there is contradiction with regard to place of occurrence, identity of the appellant, contradiction between the evidence of the victim girl and the evidence of the Medical Officer, conviction of the appellant ought not to have been warranted. This was decided in the case of Soumen @ Nemai Patra –Vs State of West ... | IN THE HIGH COURT AT CALCUTTA CRIMINAL APPELLATE JURISDICTION APPELLATE SIDE The Hon’ble JUSTICE BIBEK CHAUDHURI CRA 7815 Soumen @ Nemai Patra Vs State of West Bengal For the Appellant: For the State: Ms. Pronoti Goswami. Mr. Ranabir Roy Chowdhury Mr. Mainak Gupra. Heard on: January 27th 2021. Judgment on: 05th March 2... |
Petitioner accused in illicit sale of the Indian Made Foreign Liquor was granted bail as his continued detention will cause prejudice to him : High Court of Kerala | Petitioner who was accused to be engaged in illegal sale of Indian Made Foreign Liquor was granted bail after custody of 20 days as his continued detention is not necessary for the purpose of investigation and was upheld by High Court of Kerala through the learned bench led by HONOURABLE MR. JUSTICE GOPINATH P in the c... | IN THE HIGH COURT OF KERALA AT ERNAKULAM THE HONOURABLE MR. JUSTICE GOPINATH P MONDAY THE 21ST DAY OF MARCH 2022 30TH PHALGUNA 1943 BAIL APPL. NO. 2038 OF 2022 CRIME NO.24 2022 OF VAMANAPURAM EXCISE RANGE OFFICE PETITIONER ACCUSEDr w Section 63 of the Kerala Abkari Act 3. The allegation against the petitioner is that o... |
The law of Limitation aims to prevent disturbance: High Court of Jammu & Kashmir and Ladakh | The entries of mutation by way of revision amount to undue delay and thereby the Financial Commissioner was not justified in overlooking the question of delay while filing the revision. The Hon’ble High Court Of Jammu & Kashmir And Ladakh before the Hon’ble Chief Justice Pankaj Mithal and the Hon’ble Mr. Justice Vi... | IN THE HIGH C0URT 0F JAMMU & KASHMIR AND LADAKH AT SRINAGAR LPAOW No. 33 2017 Reserved on 16.09.2021 Pronounced on 24.09.2021 Ghulam Qadir Bhat & Ors. Through: Mr. M. A. Qayoom Adv. Financial Commissioner& Ors. Through: Mr. D. C. Raina AG with Mr. Sajad Ashraf GA. Mr. Azhar ul Amin Adv. CORAM: HON’BLE THE CHIEF JUSTICE... |
Grant or rejection of a bail application has a direct bearing on the fundamental right to life and liberty: High Court of Delhi | It is no longer res integra that any interpretation of the provisions of Section 438 CrPC has to take into consideration the fact that the grant or rejection of a bail application has a direct bearing on the fundamental right to life and liberty of an individual. The genesis of this jurisdiction lies in Article 21 of t... | IN THE HIGH COURT OF DELHI AT NEW DELHI 2nd February 2022 Reserved on: Pronounced on: 14th February 2022 BAIL APPN. NO. 3067 2018 SANGEETA BHATIA Petitioner STATE OF NCT OF DELHI Respondent Through: Mr. Arvind Varma Sr. Advocate with Mr. Sanjeev Mahajan Ms. Smridhi Sharma and Mr. Sarthak Chiller Advocates Through: Ms. ... |
The Courts can declare a contract vague, unenforceable and hence void even if it was beyond pleadings: High Court of Himachal Pradesh | Vague and unspecific agreements will not be legally enforceable since there is no consensus ad idem. Consequently, if the courts provide relief under Section 9 of the Specific Relief Act, 1963 by dismissing the suit even if it was beyond what was pleaded, such relief is a discretionary and equitable relief, thus is leg... | Hig h C o urt of H.P on 03 04 HCHP IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA RSA No. 809 Reserved on: 26.03.2021 Decided on: 01.04.2021Ram lal…..Appellant plaintiff VersusOm Parkash & Anr......Respondents CoramMs. Justice Jyotsna Rewal Dua Judge.Whether approved for reporting 1 Yes.For the appellant: Mr. Y.P. Sood ... |
In cases involving Tender Documents, Judicial Review is equivalent to Judicial Restraint: Supreme Court | While addressing a civil appeal to reverse the decision of the High Court regarding Tender call Notices, the Supreme Court held that where tender documents come into the picture the High court can intervene only when the decision is malafide and arbitrary. Otherwise, the judicial review becomes judicial restraint. This... | IN THE CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 1517 1518 OF 2021 ARISING OUT OF SLPNO.4222 4223 OF 2021 M S UTKAL SUPPLIERS M S MAA KANAK DURGA ENTERPRISES & ORS JUDGMENT R.F. Nariman J These appeals arise out of a Tender Call Notice dated 30.12.2019 issued by Respondent No.4 viz. the Office of the Superintenden... |
Government should be more stern in their COVID 19 protocols: Supreme Court | The government has officially declared COVID 19 as a disaster under the Disaster Management Act, 2005 and this has put the steps taken against the virus by the government under heavy scrutiny. A concerned citizen approached the Supreme Court by the way of a writ petition contending the steps taken against the spread of... | This Writ petition filed in the public interest under Article 32 of the Constitution of India seeks disinfectants on human beings which is being done supposedly for protecting the human beings from the The World Health Organisation(WHO) declared novel coronavirus disease 2019 as a Pandemic on 11.03.2020. All countries ... |
Cross-cases shall be tried by one and the same court: Allahabad High Court | Cross-cases or counter-cases are two different of the same incident, resulting in two criminal cases. Therefore, they should be tried by the same court to avoid technical and other difficulties arising out of the order of one. Such an observation was made by the Hon’ble Allahabad High Court before Hon’ble Justice Gauta... | A.F.R Court No. 85 Case : APPLICATION U S 482 No. 202421 Applicant : Pradeep Kumar Dubey Opposite Party : State Of U.P.And Another Counsel for Applicant : Radhey Shyam Shukla Vipul Shukla Counsel for Opposite Party : G.A Hon ble Gautam Chowdhary J Heard learned counsel for the applicant and learned A.G.A. for the Stat... |
Sudhir Gopi V. Indira Gandhi National Open University | The arbitral tribunal, being a creature of limited jurisdiction, has no power to extend the scope of the arbitral proceedings to include persons who have not consented to arbitrate. Thus, an arbitrator would not have the power to pierce the corporate veil to bind other parties who have not agreed to arbitrate. Sudhir G... | Mr Ashish Dholakia with Mr D. Kishore Mr Gautam Bajaj Ms Raji Joseph and Mr N. P. Rakesh. Mr Aly Mirza for Respondent No.1. Mr Jaimon Andrews for Respondent No.2. IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:16.05.2017 SUDHIR GOPI Petitioner Respondents O.M.P.22 2016 INDIRA GANDHI NATIONAL OPEN UNIVERS... |
Appellants given benefit of doubt due to several discrepancies with regard to the evidence, conviction and sentence set aside: The High Court of Chhattisgarh | The finding of the Trial Court is not in accordance with the evidence available on record. All the Appellants are entitled to get benefit of doubt. The aforesaid was established by the High Court of Chhattisgarh while adjudicating the case of Kapil Das Mahant & Ors. v. State of Chhattisgarh [Criminal Appeal No.1292... | NAFRHIGH COURT OF CHHATTISGARH BILASPURCriminal Appeal No.12916Judgment Reserved on : 22.9.2021Judgment Delivered on : 18.10.2021Kapil Das Mahant son of Roopdas Mahant aged about 20 years resident of Village Karma Police Chowki Pantora Police StationBaloda District Janjgir Champa Chhattisgarh Appellantversus State of C... |
The quantity of contraband recovered from the two accused can be combined for applicability of Section 29 of the NDPS Act: High Court of Delhi | Conspiracy is always hatched in secrecy and it is difficult to obtain direct evidence to establish the same and the acts of various parties to the conspiracy will infer that they were done with reference to common intention and it will only be proved by indirect circumstantial evidence of an impeccable nature and the s... | IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEALNo.1996 1. Harihar Singh Yadav @ Harihar Singh 2. Rameshwar Singh Yadav alias Rameshwar Singh Both sons of Bengali Singh Yadav Both resident of village Barahana Police Station Harhi District Buxar. The State of Bihar CRIMINAL APPEALNo. 2596 Radhey Shyam Singh Yada... |
Security under Article 21 of our Constitution will encompass the freedom to avoid a forced return of persons to a country where they would face persecution or death: Manipur High Court | Article 21 of our constitution on security would provide the freedom from oppression and protection from the risk of death for refusing to return to a place where they face the danger of being killed, provided that the presence of asylum seekers is not prejudicial to the country’s security. The judgment was passed by T... | IN THE HIGH COURT OF MANIPUR AT IMPHAL W.P.(Crl.) NO. 6 OF 2021 MC[W.P.(Crl.)] NO.1 OF 2021 MC[W.P.(Crl.)] NO.2 OF 2021 WITH AND ..... Petitioner Nandita Haksar aged about 68 wife of Sebastian Hongray resident of 203 Gera Astoria Caranzalem Panaji Goa 403002 at present in Imphal 795001. Versus 1. State of Manipur repre... |
Retired employees can file petition at the place of receiving pension: Supreme Court | The Supreme Court held that the Patna High Court and Jharkhand High Court had erred in dismissing a writ petition on the basis of lack of territorial jurisdiction. The late petitioner’s wife appealed to the SC aggrieved with the decisions of the HC as they contended that both petitions had different causes of action. T... | IN THE CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.36320 arising out of SLP(C)No.183718 SHANTI DEVI ALIAS SHANTI MISHRA ...APPELLANT(S UNION OF INDIA & ORS. ...RESPONDENT(S JUDGMENT ASHOK BHUSHAN J Leave granted. This appeal has been filed questioning the Division Bench judgment of Patna High Court in Letters Patent A... |
A government servant who is hospitalised while on leave outside the state will still be entitled to reimbursement: High Court of Jammu & Kashmir | When a government servant falls ill and needs to be hospitalised while visiting another state on leave, will still be entitled to reimbursement of hospital fees from his employer. This cannot be denied to him on the basis on minor technicalities. This was held in the judgement passed by a two member bench of the High C... | Sr. No.203 IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CJ Court LPA No.307 2019 Mohammad Gulzar Mir Through: Mr. Sheikh Manzoor Ahmad Advocate. Union Territory of J&K and others. Through: Ms. Asifa Padroo AAG. CORAM: HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE SANJAY DHAR JUDGE O R D E R 01. Heard Mr.... |
Government can review their decision regarding promotion and transfer, backed up by reason and facts: Gauhati High Court | The transfer of any public officer or employee is decided upon by the authorities, and can only be challenged on grounds of Public Interest or due to exigency of service. Private Interest or Will cannot determine the place of posting nor can a review of a posting order by the Government be considered arbitrary until th... | Jagat Chandra Das vs Anupam Khargaria And 3 Ors on 31 March 2021 Gauhati High Court Jagat Chandra Das vs Anupam Khargaria And 3 Ors on 31 March 2021 Page No.# 1 10 THE GAUHATI HIGH COURT 3 2021 JAGAT CHANDRA DAS S O LATE MOHRAM DAS R O CHANDMARI MILONPUR PATH GHY KAMRUP(M) ASSAM PIN 781021 VERSUS ANUPAM KHARGARIA AND 3... |
Burden of proof cannot be shifted to accused in criminal cases: High Court of Orissa | In a criminal trial, the prosecution needs to establish each and every circumstance with certainty and even if they fail to do so, the burden of proof cannot be shifted to the defence. This issue was addressed by a bench of the High Court of Orissa consisting of Justice S.K. Mishra and Justice Pramath Patnaik in the ca... | HIGH COURT OF ORISSA: CUTTACK. CRLA No.2203 From the judgment of conviction and order of sentence dated 18.07.2003 passed by Shri Sukumar Sahu learned Additional Sessions Judge Bhawanipatna in Sessions Case No.2 4 of 2003 of the court of the learned S.D.J.M. Bhawanipatna). Pradeep Behera Versus State of Orissa . Respon... |
Furlough to be granted under Rule 3C of Prisons Rules,1959 if no specific averment made under adverse report: Bombay High Court | Furlough to be granted under Rule 3C of Prisons Rules,1959 if no specific averment made under adverse report: Bombay High Court Furlough should be granted periodically irrespective of any reason, merely to enable the prisoner to retain family and social ties and to counter the ill-effects of prolonged time spent in pri... | on 06 04 2021 on 07 04 1606.19APPLN.odt1IN THE HIGH COURT OF JUDICATURE AT BOMBAYBENCH AT AURANGABAD922 CRIMINAL APPLICATION NO. 1606 OF 2019 Smt. Jayshri W o Ratan Uchit @ Jayshri W o subhash Bagul Age : 32 years Occ : Household R o Shivajinagar Karmad Tq. Kannad Dist. Aurangabad At present residing at JadhavwadiAura... |
Court cannot issue directions, to the defendants if they are outside the territorial reach of this Court: High Court Of New Delhi | The plaintiff seeks a permanent injunction, restraining the defendants from using the trademark “TATA”, as part of the name under which their crypto currency is made available to the public and the same issue was held in the judgement passed by a single bench judge comprising HON’BLE MR. JUSTICE C. HARI SHANKAR, in the... | IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 14th July 2021 Pronounced on: 26th October 2021 CS(COMM) 316 2021 & I.A.8000 2021 TATA SONS PRIVATE LIMITED ..... Plaintiff Through: Mr. Pravin Anand and Mr. Achuthan Sreekumar Advs. HAKUNAMATATA TATA FOUNDERS & ORS.. Defendants Through: Mr. Mrinal Ojha Mr. Trinath ... |
CIRP cannot be challenged other than the Creditors of the company :NCLAT | Financial creditors of a corporate debtor would not come under the definition of aggrieved person so as to enable them to challenge an application of admission of Corporate Insolvency Resolution Process. The judgement passed by the NCLAT New Delhi (principle bench), in its decision in Srei Multiple Asset Investment T... | NATIONAL COMPANY LAW APPELLATE TRIBUNAL NEW DELHI Company Appeal(Insolvency) No. 6619 Arising out of Order dated 14th May 2019 passed by the Adjudicating AuthorityCuttack Bench Cuttack in TP No. 41 CTB 2019 CPNo. 352 KB 2018) IN THE MATTER OF: Srei Multiple Asset Investment Trust IDBI Bank Ltd. & Ors. ...Appellant ...R... |
No Court or Tribunal may intervene on behalf of others who are oblivious to their rights: Jharkhand High Court | It has been repeatedly held that if government employees sleep on their rights and are not alert, the Court cannot come to their aid/rescue and offer relief only because they were unaware of the Rules. These rulings add a new layer to the situation, namely that correcting the date of birth at the tail end will be at th... | 1 W.P.No. 21920 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.No. 21920 Satya Prakash aged about 48 years Son of Late Abhay Kumar Residing at C o Jai Prakash Kali Shankar Street Hindpiri Near Marwari College Ranchi P.O. & P.S. Hindpiri District Ranchi … Petitioner Versus State of Jharkhand Chief Secretary Government of... |
Retrospective Application of 10% EWS Quota is against the Constitutional Mandate: Jharkhand High Court | “At the time of advertisement of 2013 and 2015, 10% reservation for EWS was not there and by way of clubbing the vacancies, 10% reservation for EWS has been provided in the vacancy of 2013 and 2015, which is against the mandate of the Constitution of India.” The Jharkhand High Court presided over by J.S.K. Dwivedi laid... | 1 W.P.No. 520 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.No. 520 Ranjeet Kumar Sah aged about 31 years son of Sri Vishwanath Sah resident of Village & P.O. Dhamni Bazar P.S. Sundar Pahari District Godda Jharkhand Uttam Kumar Upadhyay aged about 30 years son of Sushil Kumar Upadhyay resident of Village & P.O. Barwadi... |
A court which has competence to pass an order – interim or final, is entitled to take notice of its disobedience: Delhi High Court | A court may refuse to hear an appeal on merits involving the exact disputed parties, if its prior order has been willfully disobeyed. This was observed by the quorum of judges Vipin Singh J. and Rekha Palli J. in the matter of Sheikh M. Maroof v Phoenix Arc Pvt. Ltd. [W.P.(C) 4539/2021] where the petitioner had willful... | IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 22.04.2021 W.P.(C) 4539 2021 SHEIKH M. MAROOF PHOENIX ARC PVT LTD & ORS. ..... Petitioner Through Mr. Sanjiv Kakra Sr. Adv with Mr. Anand Agrawal Adv Respondent Through Mr. Amit Kumar Chadha Sr Adv Mr. Suresh Dutt Dobhal Adv Mr. Nirmal Goenka Adv for Respondent ... |
The consent of a woman with respect to Section 375 must involve an active and reasoned deliberation towards the proposed act: High Court of Delhi | The court must very carefully examine whether the accused had actually wanted to marry the victim, or had mala fide motives, and had made a false promise to this effect only to satisfy his lust, as the latter falls within the ambit of cheating or deception. Thus, the court must examine whether there was a false promise... | IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 07th MARCH 2022 IN THE MATTER OF: CRL.M.C. 2960 2021 & CRL.M.A. 18641 2021CAPT SIMRANJIT SINGH SAMBHI ..... Petitioner Through Mr. K.K. Manan Senior Advocate with Ms. Uditi Bali Advocate. STATEAND ANR ..... Respondents Through Ms. Neelam Sharma APP for the State... |
Writ of Mandamus issued under, Article 226/227 of the Constitution of India : High Court of Patna | The petitioner humbly prays in this criminal writ petitioner under Article 226/227 of the Constitution of India read with Section 3 sub sections (1) (a), 6 and 7 of the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 and Rule 6 of the Haryana Good Conduct Prisoners (Temporary Release) Rules, 2007 for the c... | on 23 09 CRWP 8781 2021 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRWP 8781 2021 DATE OF DECISION: 20.09.2021YOGESH @ BITTU AND ANR. ...PETITIONERS...V.STATE OF HARYANA AND OTHERS...RESPONDENTS...CORAM: HON BLE MR. JUSTICE JASWANT SINGH HON BLE MR. JUSTICE SANT PARKASHPresent:Mr. R.S. Dhull Advocate for ... |
Examine the entire material on record for the purpose of satisfying itself, whether a prima facie case is made out against the accused or not: Supreme Court | Once a suit for specific performance has been filed, any delay as a result of the Court process cannot be put against the plaintiff in decreeing specific performance. However, it is within the discretion of the Court based on the facts of each case, as to whether some additional amount ought or ought not to be paid onc... | IN THE CIVIL APPELLATE JURISDICTION Civil Appeal Nos.3523 35210 A.R. MADANA GOPAL ETC.ETC M S RAMNATH PUBLICATIONS PVT. LTD. AND ANR. …. Respondentdated 24.01.1994. In addition the Appellants prayed for a direction to the Respondents to deliver vacant possession of the schedule property a decree of permanent injunction... |
Arrest cannot be restricted when accused does not co-operate with the investigation investigation and does not provide information: High court of Delhi | Arrest should be the last option and it should be restricted to those exceptional cases where arresting the accused is imperative in the facts and circumstances of that case. This cannot be applied when the accused does not co-operate with the investigation and does not provide information which will lead to the discov... | IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 05th OCTOBER 2021 IN THE MATTER OF: BAIL APPLN. 2022 2021 NARESH JUNEJA Petitioner Through: Mr. Sanjay Vashistha Advocate. STATEThrough: Ms. Kusum Dhalla APP for the State. Respondent Mr. Salim Malik Advocate for the HON BLE MR. JUSTICE SUBRAMONIUM PRASAD SUBRAM... |
POCSO Act has been enacted as a self contained comprehensive legislation interalia to provide for protection of children from the offences of sexual assault and sexual harassment : High court of Allahabad | Petitioner seek a direction to the respondent to recall of witness power to be invoked to meet the ends of justice for strong and valid reasons with cautions and circumspection, and the same issue was held in the judgement passed by a single bench judge Hon’ble Dr Yogendra Kumar Srivastava, J. In the matter, Jeeshan An... | Court No. 85 Case : APPLICATION U S 482 No. 178421 Applicant : Jeeshan @ Jeeshan Ansari Opposite Party : State of U.P. and Another Counsel for Applicant : Mohammad Waseem Counsel for Opposite Party : G.A Hon ble Dr. Yogendra Kumar Srivastava J Heard Sri M.P. Singh Yadav holding brief of Sri Mohammad Waseem learned coun... |
In the absence of material record to show that the injury was grievous in nature. It is trite law that conviction would be for the offence punishable u/s 307 of IPC: High Court of Delhi | In the absence of the doctor who prepared the Medical report and where there is no material on record to show that the injury was grievous in nature. It is trite law that conviction would be for the offence punishable under section 307 IPC. It is also not necessary that the victim should have suffered an injury in a ca... | IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 27th October 2021 Decided on: 12th January 2022 CRL.A. 38 2021 GAIN CHAND @ RAHUL Petitioner Represented by: Mr. Samyak Gangwal Adv.for Mr. Gaurav Gupta Adv. THE STATE GOVT. OF NCT DELHI Respondent Represented by: Mr. Ravi Nayak APP for State with SI Ravi Kumar PS J... |
Victim of an assault is the best judge of the incident: Calcutta High Court | Victim of assault is the best judge of the incident in a case involving sexual assault by stepfather who was earlier convicted by trial court under section 354 and 325 of IPC and section 8 of POSCO Act.This ruling is provided by Calcutta High Court consisting of Justice Bibek Chaudhuri, learned single judge in the matt... | IN THE HIGH COURT AT CALCUTTA CRIMINAL APPELLATE JURISDICTION APPELLATE SIDE The Hon’ble JUSTICE BIBEK CHAUDHURI Prabir Bhuian Alias Prabir Bhuinyan CRA 5117 Vs The State of West Bengal For the appellant: Mr. Abhijit Basu Adv. Mr.J.N. Pal Adv. Mr. Arghya Kamal Das Adv. For the Respondent de facto complainant: For the S... |
Suspension directives that are not reviewed within 90 days and for which no show cause notification has been given should be set aside and quashed: Gauhati High Court | Orders of suspension that are not checked within 90 days and for which no show cause notification has been released are set aside and quashed, the observation that no prejudice, whatsoever would be caused to the Department inasmuch as, no blanket order of revocation of suspension is passed. The judgment was passed by t... | Page No.# 1 14 THE GAUHATI HIGH COURT HIGH COURT OF ASSAM NAGALAND MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C) 853 2020 NIPU KALITA S O LT. JOGEN KALITA SIVA SHAKTI ENCLAVE P.S. HATIGAON DIST. KAMRUP ASSAM THE STATE OF ASSAM AND 4 ORS. REP. BY THE PRINCIPAL SECY. TO THE HOME AND POLITICAL DEPTT. GOVT. OF ASSAM DISP... |
A petition can be dismissed on the ground of unexplained delay and laches: High Court of Patna | While exercising its jurisdiction under Article 226, the Court is duty-bound to consider whether adjudication of writ petition involves any complex and disputed questions of facts and whether they can be satisfactorily resolved. If the petition reveals all material facts and the petitioner has any alternative or effect... | IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.57021 Shyam Nandan Roy Son of Late Harilal Rai resident of Village Simaria Po lice Station Barauni District Begusarai 2. Ashok Kumar Singh Son of Siyaram Singh resident of Village Bihat Zero Mile Police Station Barauni District Begusarai Jagdish B... |
Due-diligence and good faith are the utmost requirement for application of section 14 of the Limitation Act: Delhi High Court | Due-diligence though seems to be an easier task, but it is the most crucial and detailed work which is involved in any transactional or legal aspect. It deals with specification and minute information to reduce information asymmetry and confusion. A due-diligence can build a transaction, and at the same time, it can de... | IN THE HIGH COURT OF DELHI AT NEW DELHI O.M.P.188 2020 Judgment delivered on: 17.03.2021 INDIAN OIL CORPORATION LTD THE GREAT EASTERN SHIPPING CO. LTD. & ANR Advocates who appeared in this case For the Petitioner For the Respondents Mr Ramabhadran V. Senior Advocate with Mr Shashwat Goel Mr Amitava Majumdar Mr Arvind K... |
If two views are possible on the same evidence, then the views in favour of the accused must be preferred: High Court of Patna | When the witness is not declared hostile by the prosecution, the defense can rely upon the evidence of such witness and it would be binding on the prosecution. This was decreed by the court in the case of Babban Singh @ Daddan Singh Vs. State of Bihar [Criminal Appeal (SJ) No.355 of 2018] said, “Moreover, on the very s... | IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEALNo.3518 Arising Out of PS. Case No. 97 Year 2006 Thana HARNAUT District Nalanda Babban Singh @ Daddan Singh Son of Anirudh Singh Resident of Village Laluadih P.S. Harnaut District Nalanda The State Of Bihar ... Appellant ... Respondent For the Appellant s Mr. Kris... |
Inaction on the part of the official notification harnessing the purpose of justice can led to punishments- Karnataka High Court | Inaction on the part of the official notification harnessing the purpose of justice can led to punishments- Karnataka High Court The brief facts of the case are – A writ petition was filed under articles 226 & 227 of the constitution of India, praying to direct the respondents to give suitable job to the petitioner... | 1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 02ND DAY OF NOVEMBER 2020 THE HON’BLE MR.JUSTICE P.B.BAJANTHRI WRIT PETITION No.52447 2O14B.K. NAGARATHNA W O LATE ANGADAPRATHAP SIMHA AGED ABOUT 26 YEARS R AT BILGUL VILLAGE NANJANGUD TALUK MYSORE 571312. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY TO G... |
Refusal of bail is a restriction on the personal liberty of the individual: High Court of Uttarakhand. | Bail is the rule and committal to jail is an exception. The object of keeping the accused person in detention during the trial is not punishment, but to secure the attendance of the accused. A single Judge bench comprising Hon’ble Justice Alok Kumar Verma, in the matter of Hari Prakash Agarwal S/O Sri Niranjan Lal Agar... | IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA FIRST BAIL APPLICATION NO. 15421 30TH JULY 2021 …Applicant Between: Hari Prakash Agarwal S o Sri Niranjan Lal Agarwal and State of Uttarakhand. Counsel for the Applicant : Mr. Girish Chandra …Respondent Counsel for the Respondent : Mr... |
Appellant files appeal on the ground that the information provided was incomplete, misleading or false.: Orders of AA under the RTI Act | The appellate authority under the RTI (Right to Information) Act of the Securities and Exchange Board of India comprising of Mr. Anand Baiwar adjudicated in the matter of Lakhan Kumar Chavan v CPIO, SEBI, Mumbai (Appeal No. 4275 of 2021). The appellant, Mr Lakhan Kumar Chavan had filed an application via RTI MIS Portal... | Appeal No. 42721 BEFORE THE APPELLATE AUTHORITY Under the Right to Information Act 2005) SECURITIES AND EXCHANGE BOARD OF INDIA Appeal No. 42721 Lakhan Kumar Chavan CPIO SEBI Mumbai The appellant had filed an application dated April 28 2021 under the Right to Information Act 2005Please provide me information As the Com... |
S.195 of CrPC does not hinder S.193 of IPC for the prosecution of presenting false evidence: Supreme Court | Section 195(1)(b)(i), CrPC will not bar prosecution by the investigating agency for offence punishable under Section 193, IPC, which is committed during the stage of investigation. A bench comprising of Mohan M. Shantanagoudar J. and Vineet Saran J. have answered the question of law of whether there was an overlapping ... | 3.1 The Appellant Accused No. 1 was working as Regional On 4.01.2001 case was registered against the Appellant under Section 120B read with Sections 420 467 468 and 471 of the Indian Penal Code 1860 and Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act 1988 in addition to jewellery and proper... |
This Commission will not wait for the decision whether to prefer the appeal or not, it has to be filed 45 days from the date of order: Karnataka State Consumer Disputes Redressal Commission | The reasons stated in the application were insufficient. The appellant should have filed them in a timely manner. This Commission need not wait for just a decision over whether or not to accept the appeal. The appeal must be filed in less than 45 days of the order’s date. As a result, the application was not acceptable... | KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION BASAVA BHAVAN BANGALORE First Appeal No. A 738 2021 Date of Filing : 27 Sep 2021 Arisen out of Order Dated 08 02 2021 in Case No. CC 572 2020 of District Bangalore 1st 1. Kamat Yatrinivas Pvt Ltd No.72 73 5th cross 5th Main Opp Gopalpura Bus Stop Cmall Scale Indust... |
Appellate authority found that the respondent is not obliged to provide a response where the information sought is vague and not specific.: SEBI. | The appellate authority under the RTI (Right to Information) Act of the Securities and Exchange Board of India comprising of Mr. Anand Baiwar adjudicated in the matter of Aman Kumar v CPIO, SEBI, Mumbai (Appeal No. 4349 of 2021) dealt with an issue in connection with Section 2 (f) of the Right to Information Act, 2005.... | Appeal No. 43421 BEFORE THE APPELLATE AUTHORITY Under the Right to Information Act 2005) SECURITIES AND EXCHANGE BOARD OF INDIA Appeal No. 43421 Aman Kumar CPIO SEBI Mumbai The appellant had filed an application dated June 24 2021under the Right to Information Act 2005 of symbol BANKNIFTY21MAR33500CE NIFTY BANK OPTION ... |
The court cannot interdict if proceedings are already initiated against the petitioner by a competent authority: Delhi High Court | The court cannot take up matters when a previously filed suit is still pending and it concerns the same subject matter of jurisdiction. This was held by Hon’ble Justice V. Kameswar rao in the case of Abhishek Yadav vs. Food Corporation of India and Anr. [W.P.(C) 224/2021, CM No. 589/2021] on the 23rd of august 2021, be... | IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: August 23 2021 W.P.(C) 224 2021 CM No. 589 2021 ABHISHEK YADAV Petitioner Through: Mr. Tushar Ranjan Mohanty Adv. FOOD CORPORATION OF INDIA & ANR. Respondents Through: Mr. Manoj SC for FCI with Ms. Aparna Sinha Adv. HON BLE MR. JUSTICE V. KAMESWAR RAO V. KAMESWA... |
Alleged of Killing the deceased the Court denied bail to the petitioners, Missing Reports by the Petitioners haven’t been launched even after the deceased going missing makes the contentions stronger: High Court Of Patna | The Petitioners alleged of Dowry Demand, Torture, and Killing of the deceased were not granted bail by the Court. They didn’t try finding the deceased for a long time after she went missing. The Hon’ble High Court of Patna before Justice Mr. Ahsanuddin Amanullah in the matter Bhawani Devi and others v. The State of Bi... | IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.14421 Arising Out of PS. Case No. 683 Year 2019 Thana BANKA District Banka Bhawani Devi aged about 55 years wife of Anirudh Sah Chandan Shah @ Chandan Kumar Sahaged about 35 years Rohit Kumar @ Rohit Sahaged about 28 years both sons of Anirudh All resid... |
Slight difference in the nature of services for the battle against Covid-19: Delhi High Court | The slight difference in the nature of services and a slightly higher percentage of risk due to the proximity of the client and the service provider can be obviated by prescribing stricter measures and safeguards. Such preventive measures must be adopted rather than continuing to keep the establishments closed. This wa... | 9 & 10 IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 14th January 2021. MS. SUKAITA & ORS. W.P.(C) 6555 2020 GOVERNMENT OF NCT OF DELHI & ANR. Petitioners Through: Mr. Sachin Dutta Senior Advocate with Mr. Lal Singh and Mr. Sudhir Tewatia Advocates. Mr. Swastik Singh and Mr. Himanshu Dagar Advocates. Mr. Mu... |
If petitioner was in jail for so many years, he could not have participated in the inquiry proceedings: High Court of J&K and Ladakh | When the petitioner is in jail for so many years, then how could he be expected to participate in the inquiry proceedings or join the service nor he might be in the knowledge of all these things being going on. Thus, admittedly, the petitioner had not been afforded with an adequate opportunity of being heard as held by... | HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Reserved on : 27.10.2021 Pronounced on : 17.11.2021 SWP No.1082 2017 IA Nos.2 2018 1 2017 3 2018 1 2018 CM No.4001 2020 …..Petitioner Pritam Bhattacharya Union of India & others Through: Mrs. Surinder Kour Sr. Advocate with Ms. Manpreet Kour Advocate Through: Mr. L.K. M... |
The objective of Code of Criminal Procedure is to apply whole or any part of the fine recovered to be applied on payment to any person of compensation for any loss or injury caused by the offence: Supreme Court | The object of any criminal jurisprudence is reformative in character and to take care of the victim. It is towards this objective that Section 357 of the Code of Criminal Procedure is enacted in the statute. The objective of which is to apply whole or any part of the fine recovered to be applied on payment to any perso... | NON REPORTABLE IN THE CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO .894 OF 2021 … APPELLANT THE STATE OF JHARKHAND & ANR. …RESPONDENTS JUDGMENT SANJAY KISHAN KAUL J Hena Bibi respondent No.2 complainant claimed to be the legally married wife of the appellant the marriage having been solemnised on 8.2.2000 as per... |
National Small Industries Corp. Ltd V/s. Harmeet Singh Paintal & Anr. | Vicarious liability can be attributed only if the requisite statements, which are required to be averred in the complaint petition, are made so as to make the accused/Director therein vicariously liable for the offence committed by the company. The appellant – National Small Industries Corporation Ltd. had filed 12 ... | IN THE CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 320 336 OF 2010 Arising out of S.L.P.Nos. 445 4608 National Small Industries Corp. Ltd. .... AppellantNo. 10708 JUDGMENT P. Sathasivam J 1) Leave granted in all the above special leave petitions 2) The appeals arising out of S.L.P.Nos. 445 461 of 2008 have been... |
The charges levied under MCD Act for unauthorized parking is applicable for hawking and not for illegal parking in a public place: High Court of Delhi | The charges levied for unauthorized parking would be applicable only in case there is menace of encroachment on municipal land by various squatters, hawkers, shopkeepers, rehriwalah and does not have any application insofar illegal parking of a vehicle on a public street or municipal land is concerned. The charges deal... | IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on: 03.03.2022 W.P.(C) 2178 2022 SMT. SUNITA BHALLA ...... Petitioner SOUTH DELHI MUNICIPAL CORPORATION....Respondent Advocates who appeared in this case: For the Petitioner: Mr. Ishan Sanghi Advocate. For the Respondent: Mr. Vikrant N. Goyal Advocate for SDMC... |
Where transgression is established u/s 25F of Industrial Disputes Act, 1947, an appropriate remedy is compensation and not reinstatement: High Court of Delhi | Reinstatement with full back wages is not an automatic rule in every case where termination/ dismissal is found to be not in accordance with procedure prescribed under law. Reinstatement is not an automatic consequence of wrongful termination, especially when the Workman has, during the pendency of litigation, not perf... | 18 IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 20th January 2022 MS. VANDANA W.P.(C) 2359 2020 Through: Ms. K.B. Hina Advocate. ..... Petitioner M S HBL GLOBEL PVT. LTD. Through: Ms. Romila Joshi Advocate. ..... Respondent JUSTICE PRATHIBA M. SINGH Prathiba M. Singh J.This hearing has been done through vi... |
Bail granted subject to conditions: Kerala High Court | In a recent bail application, the Kerala High Court granted bail to the accused on certain conditions specifying the extent to which the conditions would prevail. This was ruled out by Hon’ble Justice Gopinath P. in the matter concerning Shafaseer PP v State of Kerala & Ors. in BAIL APPL. NO. 250 OF 2022, decided ... | IN THE HIGH COURT OF KERALA AT ERNAKULAM THE HONOURABLE MR. JUSTICE GOPINATH P MONDAY THE 14TH DAY OF FEBRUARY 2022 25TH MAGHA 1943 BAIL APPL. NO. 232 OF 2022 IN 102 CB KNR & KSD 2017 WHICH AROSE FROM CRIME NO.1357 2016 OF MATTANNUR POLICE STATION KANNUR SHAFSEER P.P. AGED 35 YEARS PUTHIYAPURAYIL HOUSE CHAVASSERY AMSOM... |
One of the two birth certificates was allowed to be cancelled in absence of any specific rule providing for the same: High Court of Delhi | One individual cannot be permitted to hold two birth certificates containing two different birth dates as the identity of a person is established not only by his name and parentage but also by his date of birth. Continuance of two birth certificates containing two different dates of birth would imply that one individua... | IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on: 22.02.2022 W.P.(C) 1352 2022 VIPIN SEHRAWAT Petitioner DEPUTY COMMISSIONER SDMC Advocates who appeared in this case: For the Petitioner: Mr. Jai Singh Mann Advocate. For the Respondent: Mr. Arun Panwar Advocate. Respondent CORAM: HON’BLE MR. JUSTICE SANJEEV... |
Detention order held unsustainable due to arbitrary use of Law Of Preventive Detention by the Detention Authority: The High Court of Jammu & Kashmir and Ladakh | Vital safeguards against arbitrary use of law of preventive detention have been observed in breach by the respondents in this case rendering the impugned order of detention unsustainable in law. The aforesaid has been established by the High Court of Jammu & Kashmir and Ladakh while adjudicating the case of Musadiq... | IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR Reserved on: 28.10.2021 Pronounced on: 16.11.20210 WP(Crl.) No.184 2020 MUSADIQ GAFFAR LONE ...PETITIONER Through: Mr. Wajid Haseeb Advocate. UNION TERRITORY OF J&K & ANR. Through: Mr. Asif Maqbool Dy. AG vice Mr. Mir Suhail AAG. CORAM: HON’BLE MR. JUSTICE SAN... |
High Court can quash the criminal proceedings if it is known that because of the compromise arrived at between the parties, there is remote possibility of securing conviction of the accused: High Court of J&K and Ladakh | Offenses arising out of matrimony relating to dowry or disputes which have predominantly civil flavor where the wrong is basically private or personal in nature and the parties have resolved their entire dispute, the High Court will be within its jurisdiction to quash the criminal proceedings if it is known that becaus... | IN THE HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR Reserved on: 27.09.2021 Pronounced on:29.09.2021 CRMC No.269 2017 CRMC No.292 2017 Farooq Ahmad Khanday & Ors. Gowhar Ahmad Shah & Ors. ... Petitioner(s) Through: Mr. M. Ashraf Wani AdvocateThrough: Mr. Mir Suhail AAG. CORAM: HON’BLE MR. JUSTICE SANJAY DHAR JUDGE In CR... |
Prisoner’s right to be compensated by the Court of Justice for delay in release from prison: High Court of Delhi | The High Court has powers to award monetary compensation for infraction of constitutional or other rights. The question as to the prisoner’s right to be compensated by the Court of Justice for delay in release from prison was examined by High Court of Delhi, consisting of Justice Anup Jairam Bhambhani in the matter of ... | IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 30th September 2021 W.P.974 2020 SANJAY SINGH Petitioner Through: Ms. Alpana Pandey Advocate. THE STATEOF DELHI & ANR Respondents Through: Mr. Sanjay Lao Standing Counsel Criminal) for the State. Mr. Kanwal Jeet Arora Member Secretary DSLSA along with Mr. S. K. ... |
30 years to get justice in a false case of attempt to rape: Orissa High Court | The victim tried to shift the entire blame on the Appellant as the perpetrator of the crime, to save her reputation among her family members and the society. The Orissa High Court acquitted the Appellant in a 30-year old case of attempt to rape. This ratio was laid down by J. S.K. Sahoo in the case of Sarughana Nag Vs.... | IN THE HIGH COURT OF ORISSA CUTTACK CRA NO. 128 Of 1990 From the judgment and order dated 17.03.1990 passed by the Additional Sessions Judge Titilagarh in Sessions Case No.62 22 of 1989. Satrughana Nag … Appellant Versus State of Odisha … Respondent For Appellant: Mr. Rajjeet Roy Amicus Curiae) For Respondent: Mr. D.K.... |
A girl is not a cattle or non-living thing but a living independent soul having rights: Himachal Pradesh High Court | Suppressing or oppressing the freedom of an individual, which is contrary not only to his/her spiritual and religious rights but also constitutional rights, is to be deprecated. The balance needs to be maintained between individual, family, and societal interests and that should be in consonance with the constitutional... | Hig h C o urt of H.P on 24 02 HCHP IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA Cr.Writ Petition No.21 Date of Decision : February 19 2021 Sanjeev Kumar ….Petitioner Versus Sate of H.P. and others ….Respondents. Coram: The Hon’ble Mr. Justice Vivek Singh Thakur Judge. Whether approved for reporting Yes. For the Petiti... |
Court to summon a person who is not named in the FIR under Section 319 of Cr.P.C. : Allahabad High Court | The evidence collected by the investigating officer during investigation are not required to be considered by the court below at the time of summoning the accused under Section 319 Cr.P.C. Said Justice Dinesh Pathak of Allahabad High Court in the matter of Smt Aarti v. State of UP and Another [CRIMINAL REVISION No. – 7... | Court No. 90 Case : CRIMINAL REVISION No. 7421 Revisionist : Smt.Aarti Opposite Party : State of U.P. and Another Counsel for Revisionist : A.K. Mishra Sati Shanker Tripathi Counsel for Opposite Party : G.A Hon ble Dinesh Pathak J Heard learned counsel for the revisionist learned A.G.A. for the State and Sri Sandeep Ku... |
Police Surveillance that is not authorized by law and intrudes into personal liberty is unconstitutional: High Court of Telangana | The surveillance done by police authorities in not unrestricted and such surveillance that does not hold the authority of law is unconstitutional as far as it violates a person’s right to liberty. This was decided by the High Court of Telangana in the case of Thumkunta Madhava Reddy v State of Telangana and Ors. [Writ ... | HONOURABLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No. 187220 Date : 19.1.2021 Thumkunta Madhava Reddy S o Late Chitta Reddy Aged About 55 years occ Real Estate R o H No 110148 Pedda Thokatta near Arya Samaj New Bowenpally Secunderabad The State of Telangana AND 5 OTHERS Represented by its Principal Secretary General A... |
Disparaging remarks against the conduct of a person is inconsistent with judicial behaviour: Supreme Court of India | Use of intemperate language or making disparaging remarks against anyone, unless that be the requirement for deciding the case, is inconsistent with judicial behaviors. Written words in judicial orders are for permanent record which make it even more necessary to practice self-restraint in exercise of judicial power wh... | 1. Leave granted. The appellant is a practicing lawyer before the High Bar. The present appeal is limited to expunging certain observations 2017 titled Vira Wali Manga Vs. Sarita Rani S.A No.190 2019 titled Landour Community Hospital Vs Sandeep Bishnoi. S.A. No. 182 of 2019 titled Vinod Kumar Vs. Mandir Laxmi W.P. No. ... |
It is the duty of the Court to find out whether any material has been taken mala fide against the petitioner for purpose of termination: Tripura High Court | The competent authority was at liberty to take a decision on the retention of the petitioner in the service. Such an opinion was made by The Hon’ble High Court of Tripura through the bench led by The Hon’ble Mr. Justice S. Talapatra in the matter of Debjani Deb Sarkar Vs. The State of Tripura and Ors. [WP(C) No. 102 of... | HIGH COURT OF TRIPURA WP(C) No. 1021 Debjani Deb Sarkar wife of Amit Choudhury R.O: Village: Indranagar P.O: Indranagar P.S. NCC Dist: West Tripura PIN:799006 Petitioner(s) Versus 1. The State of Tripura To be represented by the Secretary Health Department Govt. of Tripura New Secretariat Building New Capital Complex K... |
Judicial review of administrative action is intended to prevent arbitrariness, irrationality, unreasonableness, bias and mala fide: Orissa High Court | The purpose of judicial review is to avoid arbitrariness, irrationality, lack of logic, prejudice and mala fide. The aim is to verify if choices or decisions have been made “legally” and not to evaluate if choices or decisions are sound. If the authority of judicial control is used on bids or contract awards, specific ... | IN THE HIGH COURT OF ORISSA AT CUTTACK WRIT PETITIONNo. 2850 OF 2021 An application under Articles 226 & 227 of the Constitution of M s. Ashirbad Industries & others State of Odisha & Others Opposite Parties Advocate(s) appeared in this case: For Petitioners Mr. U.C. Mohanty Advocate. For Opposite Parties Mr. S. Palit ... |
WhatsApp Group Administrator is not vicariously liable for member’s offensive messages unless common intention is displayed: Bombay High Court | The administrator of a WhatsApp group shall not be held liable for the messages and posts put up by the members of the group in the group chat despite it being objectionable and offensive. A division bench of Justice Z.A. Haq and Justice Amit. B. Borkar while adjudicating the matter in Kishore v. State of Maharashtra &... | on 22 04 2021 on 23 04 1 13APL 573.16NO. 573 OF 2016APPLICANT : Kishor S o Chintaman Tarone Agedabout 33 years R o Sawar Tola TahsilArjuni Morgaon District Gondia. ...VERSUS...NON APPLICANTS : 1.The State of Maharashtra ThroughP.S.O. P. S. Arjuni Morgaon District Gondia.2.Mrs.Rachanatai W o ChameshwarjiGahane Aged abo... |
Mishandling and Abuse of Law and Order has a very grave adverse effect on the general atmosphere of the area where such lawlessness prevails: High Court Of Patna | The petitioners were alleged for freeing the accused from police custody by unfair means and false implications. It was an abusive and forcible attempt. The Court after considering all facts and circumstances dismissed the petition for pre-arrest bail. The Hon’ble High Court of Patna before Justice Mr. Ahsanuddin Amanu... | IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No. 109320 Arising Out of PS. Case No. 319 Year 2019 Thana NAWANAGAR District Buxar Birbahadur Singh aged about 20 years Male son of Birendra Yadav. Birendra Yadav aged about 38 years Male son of Late Bihari Yadav. Both are resident of village Kandsar PS N... |
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